Amiga Inc v. Hyperion VOF

Plaintiff Amiga Inc. alleges that it entered into an (OEM) License and Software Development Agreement with defendant Hyperion VOF for the development of Amiga\'s next generation operating system software, Amiga OS 4. Plaintiff further alleges defendant breached the agreement by marketing OS 4 outside the scope of the license, granting third parties the right to distribute OS 4 and use Amiga trademarks, refusing to turn over the source code and object code for OS 4, and failing to deliver OS 4 within the timeline specified in the contract.

SCHEDULING ORDER for Settlement Conference: This matter has been referred to Judge Arnold to conduct a SETTLEMENT CONFERENCE. Settlement briefs/memorandums are due in chambers on 11/13/2008 by 4:00 PM. The briefs should contain a statement of the facts, issues for trial, the law, strengths and weaknesses of the parties' case, each party's position after mediation held in this matter and a settlement figure. The briefs/memorandums should be delivered to Judge Arnold's chambers or submitted by fax to chambers at (253)882-3881. BRIEFS ARE TO BE CONFIDENTIAL AND NOT FILED WITH THE COURT OR SERVED ON OPPOSING COUNSEL. In addition to counsel, parties and representatives who have authority to settle are directed to be present in person. Settlement Conference set for 11/20/2008 at 09:00 AM in D Courtroom before Judge J. Kelley Arnold. by Judge J. Kelley Arnold. (AS)

***Motion terminated: 50 MOTION for Judgment on the Pleadings filed by Amiga Inc. Motion taken off calendar per Court's order, Dkt. # 65, to be re-noted by plaintiff after counter-defendant Itec has appeared and answered. (LS)

CERTIFICATE OF SERVICE by Defendant Hyperion VOF re 56 Memorandum, 55 Declaration, 54 Declaration of William A. Kinsel in Opposition to Amiga Delaware's Motion for Judgment on the Pleadings. (Kinsel, William)

REPORT on the filing or determination of an action. E-mailed to the US Patent/Trademark Office. (Attachments: # 1 Complaint & Exhibits A-G to Complaint) (PM, ) Modified on 4/27/2007 to change description of attachment (PM, ).

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